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All around the US, nuisances from ORV riding are motivating citizens
to work together with local legislative bodies to pass new laws
against ORV nuisances.
The best law we have found so far is from Yucaipa CA, which passed
an ordinance prohibiting quad and ORV riding within 200 yards
of any home, business, or other structures. Washington State
is considering passing the same limit (see Facts
and Laws), which would be easier to enforce than decibel levels.
Call your legislators and ask them to support the new ordinances!
An ordinance like this would go a long way toward alleviating the
growing problem in Washington State, if it were enforced. Here are
Local laws and free
resources in WA State and Thurston and Mason counties that may
help you reduce or stop offending activities in your neighborhood.
In Thurston County, another solution is to get a permanent court-ordered
restraining order against the illegal activities. Here is the
process that CORVN used, in order of increasing difficulty and
expense. It took two years.
- Start by talking with the offenders - friendly at first, firmer
if necessary. We started by walking over with small gifts of farm
and garden produce.
- Know your rights - review the existing laws.
- Talk with your other neighbors, and see if they are willing
to talk with the offenders too.
- Try calling the offices described in free
resources. They may help provide partial relief.
- Report every violation to the Sheriff's Office, even if they
will not enforce the ordinances. Call 911 or 740-2740 in Thurston
County. Ask for an investigation and a written report. This helps
document the extent of this growing problem in Thurston County,
and could help with passing and enforcing better laws.
- Keep a log of offending activities and your efforts to stop
them. Write every offense down - date, time, duration, number
of ORVs, and riders' names, if you know.
- If offenders retaliate with vandalism or other illegal activities,
report every violation to the Sheriff's Office, and ask for a
written report.
- Buy or borrow a decibel meter and a video camera or security
system. Record decibel readings on videotape with the ORV riding,
including dust clouds and emission, if visible.
- Show video evidence to the sheriff's deputy if the offenders
quit riding before deputy arrives. Record in your log the name
and badge number of the deputies you talk with.
- If all else fails, ask the Thurston County Courthouse how to
file for a restraining order against the ORV riding. You can try
this on your own, or hire a lawyer to help.
- Your lawyer can send letters to the offenders. This might stop
them and keep you all out of court. Joe Scuderi (360) 534-9183
at Cushman Law Offices helped us.
- In court, present your strong video evidence, documentation
of offending activities, and testimony of neighbors. Ask a realtor
for an estimate of the effect of the ORV riding on your property
values.
- The court may grant a temporary injunction first. If this is
violated, call the Sheriff. Document the violation with a written
Sheriff's report, even if they won't enforce your restraining
order.
- You may have a second court hearing. We were granted a permanent
injunction against the ORV riding in our neighborhood after
the offenders violated the temporary order.
- If the offenders violate the permanent injunction and the Sheriff
will not enforce it, have your lawyer send a Final Warning to
the offenders.
- If you end up suing the offenders, hold them liable for your
legal fees and damages, including health troubles (e.g. due to
dust and emission), emotional distress, your time, and decrease
in property values.
A better solution would be to have existing laws simply
enforced by the Sheriff's Office. Thurston County Commissioners
and the Prosecuting Attorney have responded to CORVN's concerns
by:
- drafting tougher new legislation,
passed on 20 June 2005! (note differences
from old law)
- meeting with the Sheriff's Office to encourage them to enforce
the laws
- buying decibel meters to record noise levels in our neighborhoods
(CORVN can provide technical
help using these meters, at your request)
A new model for enforcement: Neighborhood
Noise Watch
The Sheriff's office is not accountable to Commissioners or the
Prosecuting Attorney. Nobody can make them enforce the laws. The
Sheriff is accountable to Thurston County voters.
We will add other solutions to this page as we learn of them. Please
share your ideas with
CORVN.
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